NSW Caselaw
New South Wales District Court
CITATION: Poat v Wentworthville Water Sports Pty Ltd [2007] NSWDC 87
HEARING DATE(S): 5, 6, 7, 8, and 9 February 2007
JUDGMENT DATE: 28 February 2007
JURISDICTION: Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ at 1
DECISION: Judgment for the defendants
CATCHWORDS: SALE OF GOODS - Sale of a boat - Alleged misleading and deceptive conduct by reason of false representations - Issues as to reliance on any representations - Alleged breaches of implied conditions of merchantable quality and fitness for purpose - Seaworthiness of boat
LEGISLATION CITED: Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW): s 40Q
CASES CITED: Orix Australia Corporation Limited v Moody Kiddell & Partners Pty Limited [2006] NSWCA 257 HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd (2004) 217 CLR 640
Phillip Poat (Plaintiff) Wentworthville Water Sports Pty Ltd (First Defendant) Richard Elsworthy Pym (Second Defendant) PARTIES: Peter Wharton (Third defendant) Pathfinder Marine Pty Limited (Fourth Defendant) Dawnroe Ptty Limited (Fifth Defendant)
FILE NUMBER(S): 1586/05
COUNSEL: Mr C Carter (Plaintiff) Mr M Elliott (Defendants)
Caldwell Martin Cox (Plaintiff) SOLICITORS: First Defendant in Liquidation Ellison Tillyard Callanan (Second - Fifth Defendants)
JUDGMENT Introduction 1. In 2003 Mr Poat bought a boat, a Mustang Royale 3800 sports cruiser, for which he paid $348,783.00. He says that he agreed to buy the boat on 21 August 2003 and took delivery on 13 September 2003.
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